Tuesday, March 11, 2008

Multinational Village “takeover”

By Atty. Renato “Tito” Fernandez

I had an interesting conversation with a homeowner from Multinational Village who filled me in on what happened, and is still happening, in their subdivision. What he related was very informative and bears a very close resemblance to what is happening in BF Homes/United BF Homeowners’ Associations, Inc. (UBFHAI).

Before the election of Mayor June Bernabe in 2004, Multinational Village had a well-established and peacefully functioning homeowner’s association. By many accounts, it was a well-run organization under the leadership of Arnel Gacutan, a popular, dynamic and articulate young man whom we met several years ago. He implemented various projects in Multinational including a mammoth covered court, all self-funded without any assistance from the city government. (Unfortunately, the beautiful covered court was not properly maintained after he was eased out).

Some two (2) weeks before the local elections in 2004, he was asked by then Vice Mayor Bernabe, who was running for Mayor, if the latter could put a table near the main entrance of Multinational Village. Because it could be mistaken as being partisan, Arnel Gacutan politely declined. [Homeowners associations are supposed to be non-partisan, non-political organizations]. One had to consider also the matter of fairness to other opposing candidates.

In any case, Vice Mayor Bernabe won and Dr. Olivarez lost. That was when Arnel Gacutan and Multinational Village experienced intense and withering turmoil. Not long after, the city government accused the association of using guards without individual posting permits (shades of UBFHAI) although they were all employed by a licensed security agency given a valid permit by the previous administration. Arnel Gacutan was publicly portrayed as a drug lord who amassed unexplained wealth. He was harassed, arrested, subjected to congressional investigation and in the process suffered extreme personal humiliation.

But the young man knew how not to knuckle down. He counter-attacked. He showed and proved that he had in fact been given a written commendation by the Head of the Philippine Drug Enforcement Agency (PDEA) for his efforts in assisting the campaign against illegal drugs, a revelation which no doubt exposed him to grave personal risk. As for the charges of unexplained wealth, he produced before the congressional investigation his BIR income tax returns, the exact copies of which were already in the possession of our Parañaque congressman. What his detractors conveniently failed to reveal was that Arnel was, and is, in the real estate business up to now from where he made honest income.

All the disinformation, accusations and complaints against Arnel for involvement in drugs (sic), unexplained wealth, etc. were all dismissed by the concerned agencies (including the DOJ) and none survived objective legal scrutiny. In short, they were baseless and were only a subterfuge, a pretext to cut Arnel down before his constituents for the real and ultimate objective – his expulsion from the leadership of the homeowners association of Multinational Village and its domination by personalities close to the powers that are.

During all these, elections were held in Multinational’s homeowners association in early 2005. For some reason, the HLURB suddenly got involved and enjoined the use of proxies (previously allowed during past elections) of which Arnel Gacutan had quite a number. His valid proxies were disregarded to neutralize his popular advantage during a rigged election (it was postponed by the Board but pushed through by the HLURB and his opponents) and he “lost” to Felix Resuello. In time, a power behind the throne began to emerge in Multinational, commonly referred to as the La Huerta group who called the shots behind the scenes. It is said they are close to the powers that are. Resuello was later shunted aside, to be replaced by Olive Begre who was also later wrongly taken out on an issue of principle, and replaced by a retired general Arsenio Torres, with the blessings of the power brokers.

Arnel Gacutan and company appealed the HLURB’s adverse resolutions/decision to the Office of the President which on May 16, 2006, set aside the election of the Resuello group. In due time, Executive Secretary Eduardo Ermita’s decision became binding and executory in favor of Arnel’s group. However, in a rash of legal maneuvers, the losing parties close to the city government secured from the HLURB that “modified, altered or amended a decision that has become final and executory”, and were considered in excess of jurisdiction by the Court of Appeals. Still, they would not yield the leadership of Multinational’s homeowners association and resisted all attempts to fully enforce the decision of Secretary Ermita. Arnel’s group is aghast at such open defiance.

In the meantime, Multinational Village is in limbo. Their clubhouse is shuttered and padlocked with the misleading sign “Under Renovation”. The lawful officers under Arnel Gacutan refrain from entering it to avoid a confrontation with the powers that are in the government. Inexplicably, the breakaway group under Gen. Torres holds court in the subdivision’s auditorium, not in the clubhouse. Maybe they already feel they are not lawfully empowered.

What pitiless events dogged Arnel Gacutan because of his good faith denial of the installation of a table before elections! On the other hand, Celso Reyes of UBFHAI got into trouble because his newly-elected Board in 2004 turned down the proposal of the security agency of Dr. Renato “Boy” Bernabe, the Mayor’s brother, to provide security services to all the gates, clubhouse and sensitive areas of BF Homes. Never mind that the winning bidder had a superior offer, including Closed Circuit TV (CCTV). That was beside the point.

The dogs of war were soon unleashed and the rest are current events where the full might of the city government, HLURB, and UBFHAI’s disgruntled elements were brought to bear on Celso Reyes and his group. BF Homes is in limbo. Maybe that’s also the game plan.

However we look at them, the two (2) situations are eerily similar!

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